Prosecution Insights
Last updated: October 23, 2026
Application No. 18/880,923

COMMUNICATION METHOD AND APPARATUS, DEVICE, AND STORAGE MEDIUM

Non-Final OA §102§103
Filed
Jan 03, 2025
Priority
Jul 06, 2022 — nonprovisional of PCTCN2022104241
Examiner
NGUYEN, THUONG
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
459 granted / 673 resolved
+10.2% vs TC avg
Strong +32% interview lift
Without
With
+31.9%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
41 currently pending
Career history
742
Total Applications
across all art units

Statute-Specific Performance

§101
17.4%
-22.6% vs TC avg
§103
50.7%
+10.7% vs TC avg
§102
16.0%
-24.0% vs TC avg
§112
15.3%
-24.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 673 resolved cases

Office Action

§102 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. This action is in response to application 18880923 filed 1/3/25. Claim(s) 1-18, 21-22 is/are presented for examination. Claim Objections Claim(s) 1, 10, 21 & 22 is/are unclear to the examiner; what does it mean by stating “receiving a first message frame, wherein the first message frame indicates that an SBP report frame is to be transmitted; and transmitting the SBP report frame”? the claim languages are not very clear what is the claimed invention? To transmit the SBP report frame? To do what? For what purpose? What exactly the Applicant trying to accomplished? What exactly the SBP perform or measure? Please clarify Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-3, 6-12, 15-18 & 21-22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Luo, U.S. Pub/Patent No. US 20240365380 A1. As to claim 1, Luo teaches a communication method, applied to a sensing by proxy (SBP) responding device, the method comprising: receiving a first message frame, wherein the first message frame indicates that an SBP report frame is to be transmitted (Luo, figure 4; page 5, paragraph 94-95; page 6, paragraph 106-108; i.e., [0094] the SBP responder transmits a first SBP report information to the SBP requester, wherein the first SBP report information indicates a setup result of the at least one measurement setup. For example, the first SBP report information indicates a measurement setup established or failed to be successfully established by the sensing responder n in the at least one measurement setup; [0107] a Trigger Frame-based field, indicating whether a measurement procedure of the first measurement setup is triggered by a trigger frame); and transmitting the SBP report frame (Luo, figure 4; page 5, paragraph 94-95; page 6, paragraph 106-108; i.e., [0094] the SBP responder transmits a first SBP report information to the SBP requester, wherein the first SBP report information indicates a setup result of the at least one measurement setup. For example, the first SBP report information indicates a measurement setup established or failed to be successfully established by the sensing responder n in the at least one measurement setup; [0107] a Trigger Frame-based field, indicating whether a measurement procedure of the first measurement setup is triggered by a trigger frame). As to claim 2, Luo teaches the method according to claim 1, wherein the first message frame is a clear to send (CTS)- to-self frame, a power save (PS)-Poll frame or an SBP report request frame (Luo, figure 4). As to claim 3, Luo teaches the method according to claim 2, wherein transmitting a poll frame, wherein the poll frame requests a trigger for transmitting the SBP report frame (Luo, figure 4; page 5, paragraph 94-95; page 6, paragraph 106-108; i.e., [0094] the SBP responder transmits a first SBP report information to the SBP requester, wherein the first SBP report information indicates a setup result of the at least one measurement setup. For example, the first SBP report information indicates a measurement setup established or failed to be successfully established by the sensing responder n in the at least one measurement setup; [0106] a Control field, indicating whether the Sensing Requirement Info field includes a field indicating a measurement requirement corresponding to the first measurement setup; [0107] a Trigger Frame-based field, indicating whether a measurement procedure of the first measurement setup is triggered by a trigger frame). As to claim 6, Luo teaches the method according to claim 2, wherein when the first message frame is the SBP report request frame, the first message frame comprises a wireless local area network (WLAN) sensing measurement setup identifier allocated by the SBP responding device to an SBP initiating device (Luo, figure 4; page 2, paragraph 48; page 12, paragraph 241; i.e., [0048] WLAN; [0241] the SBP response session token), the identifier of the SBP responder, and the measurement setup ID. one or more measurement setup identifiers corresponding to the sensing proxy request. The SBP responder identifies a measurement result reported by the sensing signal receiver by the measurement setup identifiers to correspond to the 3-tuple composed of the identifier of the corresponding SBP requester, the sensing proxy request session token, and the measurement setup ID, and indicates the identifier of the SBP responder, the identifier of the SBP requester, the sensing proxy request session token, and the measurement setup ID in reporting the measurement result to the SBP requester). As to claim 7, Luo teaches the method according to claim 1, wherein the SBP report frame comprises a wireless local area network (WLAN) sensing measurement setup identifier allocated by the SBP responding device to an SBP initiating device (Luo, figure 4; page 2, paragraph 48; page 12, paragraph 241; i.e., [0048] WLAN; [0241] the SBP response session token), the identifier of the SBP responder, and the measurement setup ID. one or more measurement setup identifiers corresponding to the sensing proxy request. The SBP responder identifies a measurement result reported by the sensing signal receiver by the measurement setup identifiers to correspond to the 3-tuple composed of the identifier of the corresponding SBP requester, the sensing proxy request session token, and the measurement setup ID, and indicates the identifier of the SBP responder, the identifier of the SBP requester, the sensing proxy request session token, and the measurement setup ID in reporting the measurement result to the SBP requester). As to claim 8, Luo teaches the method according to claim 1, wherein transmitting the SBP report frame within a first time interval, wherein the first time interval is determined by the SBP responding device and an SBP initiating device in a wireless local area network (WLAN) sensing measurement setup procedure (Luo, figure 4; page 5, paragraph 94-95; page 6, paragraph 119; i.e., [0094] the SBP responder transmits a first SBP report information to the SBP requester, wherein the first SBP report information indicates a setup result of the at least one measurement setup. For example, the first SBP report information indicates a measurement setup established or failed to be successfully established by the sensing responder n in the at least one measurement setup; [0119] a Sensing Duration field, indicating a required duration for the sensing measurement based on the first measurement setup). As to claim 9, Luo teaches the method according to claim 1, wherein the SBP report frame comprises sensing measurement results of all station devices (STAs) participating in a wireless local area network (WLAN) sensing measurement in a case that an SBP initiating device does not participate in the WLAN sensing measurement, and does not comprise the sensing measurement result of the SBP initiating device in a case that the SBP initiating device participates in the WLAN sensing measurement (Luo, figure 2-4; page 5, paragraph 94-95; page 6, paragraph 106-108; i.e., [0094] the SBP responder transmits a first SBP report information to the SBP requester, wherein the first SBP report information indicates a setup result of the at least one measurement setup. For example, the first SBP report information indicates a measurement setup established or failed to be successfully established by the sensing responder n in the at least one measurement setup; [0106] a Control field, indicating whether the Sensing Requirement Info field includes a field indicating a measurement requirement corresponding to the first measurement setup; [0107] a Trigger Frame-based field, indicating whether a measurement procedure of the first measurement setup is triggered by a trigger frame). Claim(s) 10-12 & 15-18 is/are directed to a method claims and they do not teach or further define over the limitations recited in claim(s) 1-3 & 6-9. Therefore, claim(s) 10-12 & 15-18 is/are also rejected for similar reasons set forth in claim(s) 1-3 & 6-9. Claim(s) 21 & 22 is/are directed to a method and system claims and they do not teach or further define over the limitations recited in claim(s) 1. Therefore, claim(s) 21 & 22 is/are also rejected for similar reasons set forth in claim(s) 1. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 4-5, 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luo, U.S. Pub/Patent No. US 20240365380 A1 in view of Jang, U.S. Patent/Pub. No. US 2025/0142616 A1. As to claim 4, Luo teaches the method according to claim 2. But Luo failed to teach the claim limitation wherein transmitting a second message frame, wherein the second message frame indicates a confirmation of transmitting the SBP report frame. However, Jang teaches the limitation wherein transmitting a second message frame, wherein the second message frame indicates a confirmation of transmitting the SBP report frame (Jang, page 7, paragraph 82; i.e., [0082] an ACK for the transmitted frame is not received). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Luo to substitute peer STA from Jang for M2M from Luo to reducing power consumption to efficiently support a precise sensing procedure (Jang, page 1, paragraph 4). As to claim 5, Luo-Jang teaches the method according to claim 4. But Luo failed to teach the claim limitation wherein the second message frame is a null frame or an acknowledgment (ACK) frame. However, Jang teaches the limitation wherein the second message frame is a null frame or an acknowledgment (ACK) frame (Jang, page 8, paragraph 93; i.e., [0093] ACK frame). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Luo to substitute peer STA from Jang for M2M from Luo to reducing power consumption to efficiently support a precise sensing procedure (Jang, page 1, paragraph 4). Claim(s) 13-14 is/are directed to a method claims and they do not teach or further define over the limitations recited in claim(s) 4-5. Therefore, claim(s) 13-14 is/are also rejected for similar reasons set forth in claim(s) 4-5. Listing of Relevant Arts Sugaya, U.S. Patent/Pub. No. US 20190045538 A1 discloses ACK frame, CTS-to-self frame. Kim, U.S. Patent/Pub. No. US 20170295541 A1 discloses Ps-Poll/trigger frame; virtual carrier sensing, ACK frame. Contact Information The present application is being examined under the pre-AIA first to invent provisions. THUONG NGUYEN whose telephone number is (571)272-3864. The examiner can normally be reached on Monday-Friday 9:00-6:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /THUONG NGUYEN/Primary Examiner, Art Unit 2416
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Prosecution Timeline

Jan 03, 2025
Application Filed
Oct 06, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+31.9%)
4y 0m (~2y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 673 resolved cases by this examiner. Grant probability derived from career allowance rate.

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